Trade Mark Registration in India

Have you ever wondered why there are so many of Dilli Chat walah in your locality?

Have you ever etched your head who is the original Kaka Kulfi wala or Jain Shikanji Wala?

Have you ever checked which Pahwa Confectioners was founded first?

Why there are so many of shops or specialists with the same name / brand in your locality, its because they did not realized the potential of their brand in the initial phase of their business and by the time they realized, it was too late and there were more than 3/4 competitors in the market with the same brand/name. 

And, now they are forced to showcase word "original" prescribed their brand or so.

Ever realized that these locally famous brands could be National Brands? So where did they went wrong?

It was just one step that they had not taken, The Trade Mark Registration.

Now you can imagine what dent it can make if you don't register your brand/trade mark within time.

Here is summarized procedure to register trade mark in India: 

Step 1: Be sure that your brand name is just not mundane

You get the point, don’t you? Come up with a whacky and quirky brand name, because all the generic ones are any which way taken. Before zeroing in on one name, you might want to do a quick search to make sure that no one else is already using the name. And your best bet would be to use invented or coined words, in a combination with generic words.

Step 2: Trademark application

Now that your name is finalized upon, fill in the trademark application i.e. Form- TM 1 or TM 51 (or other which ever is applicable). The application costs INR 4000 per class registraion.

Along with the application, you will need to submit a couple of supporting documents:

1. A Business registration concern: Depending on what type of a registered business you have, say sole proprietorship, etc. you will need to submit an identity proof of the directors of the company and an address proof.
2. An image of your brand logo
3. If applicable, proof of claim of the proposed mark being used before in another country.

There are 2 ways to file the registration – manual filing or e-filling.

In case of manual filing, you will need to personally walk down and submit the application for registration to any one of the offices of the Registrar of Trade Marks located in Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. After which you receive the acknowledgement of the application and the receipt, usually within 15-20 days of the filing.

But in e-filing system, the acknowledgement of the application is issued immediately.

And after you receive the acknowledgement, you can start using the (TM) symbol next to the brand name!

Step 3: Registration Application at Registrar's end

After receiving the application, the Registrar checks whether the brand name complies with the law and does not conflict or dispute with other existing registered or pending brands. 

Step 5: Indian Trade Mark Journals

After examination, the logo or brand name is published in the Indian Trade Mark Journal. If no one raises an opposition within 3 months i.e. 90 days or in some cases 120 days, from the date of publication, the brand name proceeds to acceptance.

Step 6:Trademark registration certificate

If no one raises any opposition, within the stipulated 90 days period, the Registrar accepts the trademark application! Woohoo! And issues a Certificate of Registration under the seal of Trademark Registry.

You may now be allowed to use the registered trademark symbol (®) next to your brand name, once the certificate has been issued.

The whole process of registration of a brand name usually takes anything between 15-18 months. The trademark once accepted, is valid for a period of 10 years from the date of issuance of the Certificate of Registration. After the end of 10 years, the trademark will need to be renewed.

Although the process of registering a trademark is lengthy and a little heavy on the pocket, it is definitely worth the investment of legally protecting your brand.

Please feel free to contact Munim Team for any further clarification/help in Trade Mark Registration.

Please like us on Munim Facebook

Munim Team

Your Personal Munim

www.munim.in

Reach us @ +91 8800681678 | contact.munim@gmail.com | contact@munim.in

Like us on Facebook @ Munim

Follow our blog @ Munim Blog 

Rest Assured, We feel Your Concern !!